Supreme Court debates constitutionality of bills passed during last week of session

Supreme Court debates constitutionality of bills passed during last week of session

Special session could be called if measures are determined to be unconstitutional

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Updated: 5:50 PM CDT Aug 8, 2017

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WEBVTT FFERENT HEARINGS TODAY.BRET: OKLAHOMA IS FIGHTING THREELAWSUITS AGAINST FOUR BILLS WHICH THE PLAINTIFFS ARGUE AREUNCONSTITUTIONALHUNDREDS OF MILLIONS OF DOLLARSARE AT STAKE.THE BIGGEST BILL IN QUESTIONIS CENTERED AROUND THE CIGARETTE FEE.IS IT A TAX OR A FEE?THAT'S THE FIGHT HERE.AND WHAT WAS THE INTENTION WHENTHESE BILLS WERE PASSE>> THE PEOPL REMAIN THEULTIMATE LEGISLATURE THROUGHTHIS INITIATIVE AND REFERENDUM.BRET: VOTER PASSED STATEQUESTION 640 IN 1992.25 YEARS LATER, IT'S A DEBATETOPIC IN THE OKLAHOMA SUPREMECOURTHE PLAINTIFFS ARGUED THESEBILLS WERE USED TO RAISE REVENUE AND BALANCE THEBUDGET, WHILE THE STATE SAYS THEMONEY PART WAS INCIDENTAL ANDTHE LEGISLATURE ACTED APPROPRIATELOKLAHOMA JUSTICES QUESTIONEDBOTH SIDES DURING ALL 3 HEARINGS CENTERED AROUND TAXESAND FEES ON CIGARETTES,AUTOMOBILES, AND STANDARDDEDUCTIONS AS PLAINTIFFSARGUED THEY WERE ALL PASSED INTHE LAST WEEK OF SESSION, DIDNOT GATHER A SUPER MAJORITY THEYSAY IS A DIRECT VIOLATION OFSTATE QUESTION 640.>> IF THE SUPREME COURT DOESRULE THESE MEASURESUNCONSTITUTIONAL, WHICH WEBELIEVE THEY ARE.BRET: JUSTICES DIDN'T APPEAR TOINDICATE HOW THEY PLAN TO RULE ON THESE LAWSUITS, BUT IMPORTANTTO NOTE ONE JUSTICE DID ACKNOWLEDGE THE BUDGET CRISIHAD A MOTIVATING OR DECIDINGFACTOR.LIVE AT THE STATE CAPITOL, BRET

Supreme Court debates constitutionality of bills passed during last week of session

Special session could be called if measures are determined to be unconstitutional

That’s the fight Tuesday at the Oklahoma Supreme Court regarding three lawsuits against four bills that the plaintiffs argue are unconstitutional. The ruling puts hundreds of millions of dollars at stake, with the biggest bill in question revolving around the cigarette fee.

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“The fact remains the people remain the ultimate legislature through this initiative and referendum,” lawyer Stan Ward said.

Voters passed State Question 640 in 1992, and, 25 years later, it’s the topic of debate in the Oklahoma Supreme Court.

The plaintiff argues the bills were used to raise revenue and balance Oklahoma’s budget. The state said the money part was incidental and the Legislature acted appropriately.

Oklahoma justices questioned both sides during three hearings centered around taxes and fees on cigarettes, automobiles and standard deductions. The plaintiffs argued they were all passed in the last week of session and did not get a supermajority, which is a direct violation of SQ 640.

“I think the likelihood of a special session is high if the Supreme Court does rule these measures unconstitutional, which we believe they are,” Rep. Scott Inman said.

The justices didn’t appear to indicate how they plan to rule on the lawsuits, but it’s important to note one justice acknowledged the budget crisis played a motivating factor in the last week of session.